WORLD TRADE  
ORGANIZATION  G/SPS/R/38* 
27 February 2006 
 (06-0827) 
Committee on Sanitary a nd Phytosanitary Measures  
  
 
 
SUMMARY OF THE SPECIAL MEETING ON ARTICLE 6 (REGIONALIZATION) 
HELD ON 30-31 JANUARY 2006 
 
Note by the Secretariat
1 
  
I. INTRODUCTION 
1. An enhanced informal meeting on Article  6 of the SPS Agreement was held 30-
31 January 2006.  The purpose of the meeting was to identify how the SPS Committee should proceed 
in the future on the issue of regionalization.  A number of speakers made presentations providing 
information regarding their experiences with th e recognition of pest- or disease-free areas.  These 
powerpoint presentation slides are available on the WTO website http://www.wto.org/english/tratop_e/s ps_e/meet_jan06_e/meet_jan06_e.htm
. 
2. The Chair of the SPS Committee ga ve an oral report of the enhanced informal during the 
formal meeting of the SPS Committee.  This repor t is included in the written summary of formal 
meeting of the SPS Committee held on 1-2 February 2006 (G/SPS/R/39).  
II. EUROPEAN COMMUNITIES (G/SPS/GEN/632) 
3. The representative of the Europ ean Communities noted that th e European Communities often 
applied the concept of regionalization in its trad e relationships with developing countries.  The 
application of the concept facilitated trade even when  a country was not completely free of a pest or 
disease.  The European Communities stressed the importance of the work of the international 
standards-setting organizations, particularly in  relation to providing guidance on timeframes for 
recognition in this area and noted that a review of EC animal health policy, including the application 
of regionalization, was underway. 
III. EUROPEAN COMMUNITIES (THE EUROPEAN COMMUNITIES' APPROACH TO 
REGIONALIZATION) 
4. The representative of the European Communiti es commented briefly on EC phytosanitary 
policies which are based on IPPC provisions.  EC le gislation covers a list of  harmful organisms for 
quarantine purposes, phytosanitary measures to be met for import, internal movement within EC 
member States and mandatory inspection at the EC po int of entry.  An overall control regime ensures 
that Members are implementing the measures.  With regards to animal health, the EC has harmonized 
legislation which is binding on all EC member St ates.  Given the single common market within the 
European Union and the reduced border controls, a zer o risk approach may be unattainable.  In this 
type of situation, more emphasis is placed on vete rinary controls for managing risks associated with 
                                                      
* For technical reasons, this doc ument G/SPS/R/38 cancels and repl aces, in English only, document 
G/SPS/R/38 circulated on 28 February 2006. 
1 This document has been prepared under the Secret ariat's own responsibility and is without prejudice 
to the positions of Members or to their rights or obligations under the WTO. G/SPS/R/38 
Page 2  
 
  animal diseases.  Traceability is needed for animal s and animal products, including farm registration.  
Comprehensive rules exist to control specific disease , including compulsory notification of particular 
diseases.  Regionalized disease control measures are applied to minimize trade disruption while rapidly dealing with outbreaks.  The EC import rul es on regionalization reflect EC international rules 
and OIE standards.  Regionalization and a high level of protection are compatible, if it is imbedded in 
an overall strategy for disease control. 
IV. SWEDEN (NEWCASTLE DISEASE OUTB REAK IN SWEDEN 2003 & 2004) 
5. The representative of Sweden described how a pplying the EC measures allowed outbreaks of 
Newcastle disease to be contained quickly and then  eradicated.  Sweden has a strict non-vaccination 
and stamping out policy with regards to Newcastle disease.  Nation-wide surveillance and notification 
of disease allows rapid responses to disease outbrea ks.  To address a small outbreak of Newcastle 
disease in 2003, Sweden applied the EC legisla tion, including stamping out upon suspicion of the 
disease.  Sweden informed the EC  member States and the Commission upon suspicion of the disease 
outbreak and the OIE upon confirmation.  In 2004 a larger outbreak occurred in two commercial flocks situated near each other.  On suspicion of the disease, Sweden decided to stamp out the flocks.  
Epidemiological investigations indicated that th ere were a few contacts with hobby flocks but no 
other flocks were infected.  Wild birds were suspect ed as the source of the infection.  On suspicion of 
the disease, the Swedish authorities notified poultry or ganizations, other Nordic countries, and the EC 
Commission.  Upon confirmation of the disease, all countries and the OIE were informed and EC legislative measures were implemented.  In the 2004 outbreak the concept of regionalization was 
accepted and applied in a few days.  In contrast , in the 2003 outbreak it took one month before 
regionalization was accepted.  The aim for the fu ture would be that third countries would accept 
measures applied in accordance with the EC legisl ation as sufficient, rather than imposing import 
restrictions on a whole region regardless of the presence of the disease.   
V. BRAZIL (BRAZILIAN EXPERIENCE ON REGIONALIZATION, G/SPS/GEN/608 & 
G/SPS/GEN/609) 
6. The representative of Brazil presented several  documents which included information on 
scientific procedures related to the process of regi onalization and work that had been carried out on 
regionalized approaches to Classical Swine Fever.  The presentation provided details of the various 
efforts to achieve and maintain disease-free status , stressing the importance of private and public 
sector partnerships.  Recognition of disease-free status  by the OIE had positive effects on exports.  In 
the process of achieving recognition by the OIE,  the private sector upgraded primary farms and 
increased feed production.  The positive productivity im pacts of these efforts of the private sector 
enhanced the benefits achieved through increases in  exports.  Excessive import requirements based on 
lack of harmonization with international requirements create import requirements which hinder trade.  
While the OIE's work is important because it in creases reliability of the recognition process and 
provides objective evaluation of information, the process of recognition still suffers from undue 
delays.  The representative of Brazil called on the SPS Committee to address these administrative 
questions and to develop guidelines for timeframes for recognition of a pest- or disease-free area.   Discussions following this presentation highlighted th e difficulties in measuring costs and benefits of 
achieving and maintaining pest- or disease-free status particularly given that benefits include improvements in domestic health status and domes tic production and costs may be incurred by both 
the private and public sectors.  The representative of Brazil noted that in situations where initial costs 
are high and recognition of free status is delayed, the private sector might be reluctant to invest due to 
the uncertainty of the potential benefits which might arise from their investment.   G/SPS/R/38 
 Page 3 
 
 
  VI. JAPAN (G/SPS/GEN/605) 
7. The representative of Japan noted that as the largest food importing country, Japan seeks to 
facilitate imports while, at the same time, protec ting health.  In Japan's experience setting specific 
timeframes is unrealistic because the time required to complete evaluation depends upon the technical 
characteristics of pests and diseases.  This issue was particularly relevant in the context of providing 
adequate time for risk communication.  Japan stre ssed the importance of waiting for the international 
standards-setting bodies to complete their work, so as  to avoid erroneously including other issues in 
the regionalization deliberations.  For Japan, timeframe s were not an issue relating to investment, but 
rather about maintaining plant or animal health.  In response to questions, Japan noted that it does not 
accept FMD-free with vaccination status because while  vaccination can control clinical symptoms it 
does not eliminate the virus.  Therefore, Japan argued, when cattle have virus without clinical 
indications of the disease, it would be impossible to  expeditiously identify the virus.  Japan did not 
oppose the future development of guidelines, but st ressed its continuing strong concerns about the 
development of timeframes in the SPS Committee and maintaining the importance of allowing the 
international standards-setting bodies to complete their work in this area. 
VII. COLOMBIA (G/SPS/GEN/611 & G/SPS/GEN/ 612) 
8. The representative of Colombia began with a di scussion of the FMD situation in his country, 
noting that Colombia complies with the standards of OIE, but has still experienced undue delay in 
recognition of its FMD-free status.  The uncertainty of recognition and access to markets jeopardized the disease-free status of Colombia.  Obtaining an d maintaining free status had required very high 
investments.  Without recognition by trading part ners and improved market access, no benefits were 
achieved from these investments.  To eliminate uncertainty relating to recognition, Colombia 
proposed that the SPS Committee should establish harm onized procedures for the recognition of pest- 
and disease-free zones.  Colombia suggested that administrative questions, as well as technical and 
scientific questions should be also considered.  While the technical and scientific questions were 
under remit of the OIE and IPPC, Colombia consider ed that the administrative matters must be under 
the responsibility of the SPS Committee.  Colombia ha d been working with other Members to develop 
admin procedures for practical implementati on of Article 6.  The document G/SPS/GEN/611 
proposed a procedure to arrive at rec ognition of free zones with time frames. 
VIII.  ARGENTINA (REGIONALIZATION – PRACTICAL CONSIDERATIONS  & 
G/SPS/GEN/606) 
9. The representative of Argentina observed that un due delays in the recognition of pest- and 
disease-free areas led to lack of trust among parties which may have a spill-over effect in other areas 
of negotiations.  The documents prepared by Ar gentina considered legal, administrative, and 
procedural issues.  Document G/SPS/GEN/606 focu sed on undue delays, and sought to identify the 
underlying reasons behind the delays.  Recognition and maintenance of pest- and disease-free status 
required sustained human resource and financial in vestments.  Without improved access to external 
markets, some stakeholders may disagree with these investments given that they divert resources from 
other areas of the state budget.  Information at a ll stages of the process of recognition was critical, 
including understanding of the current pest stat us of importing countries, knowledge of pest and 
monitoring/surveillance system, accurate and taxonom ic identification.  Lack of communication and 
updated information led to lack of trust between pub lic services of different trading partners.  There 
was a need for fast track for recognition, if an  international standards-setting body had already 
recognized free status.  The requirements for audits n eeded to be explicit, including justifications for 
additional information requests.  Argentina suggested that the SPS Committee should develop 
guidelines in order to enhance cooperation among the WTO Members and to  ensure the full 
implementation of the SPS Agreement. G/SPS/R/38 
Page 4  
 
  IX. PERU (G/SPS/GEN/607) 
10. The representative of Peru presented general experience in the area of implementation of 
regionalization.  Peru had built up a legal framewo rk for the maintenance of pest- and disease-free 
areas and areas of low prevalence.  Access to intern ational markets was the main objective of Peru's 
health policy and investments.  Uncertainty in the area of recognition by importing countries 
jeopardized the sustainability of these investments.  Between 1990- 2004 Peru invested about US$12 
million to eradicate foot and mouth disease and conti nued to invest in this area to maintain disease-
free status.  OIE recognized about half the national ar ea as a disease-free area  where vaccination is not 
applied.  Despite international recognition by OIE, importing countri es had not always recognized this 
status.  Therefore, it had not been possible to pursue a "fast-track" procedure.  Peru had also invested 
substantial financial and human r esources in achieving and maintain ing recognition of pest-free areas 
in the plant health area.  Peru submitted proposal s to the Committee which included a flow-chart of 
procedures and time frames in 2004 and supported the idea of the establishment of a  working group to pursue work in this area. 
X. NETHERLANDS (AVIAN INFLUENZA IN THE NETHERLANDS – OUTBREAK 
2003 - REGIONALIZATION) 
11. The representative of the Netherlands described e fforts to manage the 2003 outbreak of H7N7 
avian influenza.  Both government and the private sect or incurred high costs related to the control of 
this outbreak.  The area around the outbreak was split in to a protection zone and a surveillance zone in 
which for 72 hours no movement of animals or feed  was allowed.  In this case measures were taken 
on the basis of suspicion of the disease, rather th an waiting for confirmation.  Effective crisis 
organization was set up immediately, with a control centre in the Hague and a regional crisis centre to 
permit measures to be tailored to regional characte ristics.  Within buffer zones all poultry was culled 
to avoid disease spread to other areas.  AI –free co mpartments could trade to the EU member states 
before they achieved official OIE recognition.  Th e response of the Netherlands was effective due to 
crisis management efforts of the Ministry of Agri culture working in close co llaboration with Ministry 
of Health, Ministry of Defense and police and lo cal authorities, as well as the coordination assistance 
of the European Commission. 
XI. GERMANY (APPLICATION OF REGIONALIZATION:  ERADICATION OF 
CLASSICAL SWINE FEVER IN WILD BOAR- RHINELAND-PALATINATE – GERMANY 2002-2005) 
12. The representative of Germany gave a presentation on Germany’s efforts to manage Classical 
Swine Fever, a very infectious disease affecting both domestic and wild pigs.  To address the issue of 
virus reservoirs, Germany implemented a system of oral vaccination in which bait containing vaccine are introduced to wild pig populations.  The pr ocess to implement a regionalized approach to 
managing this disease included defining the area,  implementing effective control measures and 
surveillance, conducting risk assess ments for specific commodities fo r trade, conducting audits and 
inspections, and supporti ng high quality of veterinary services .  The vaccination strategy which 
included distribution of bait in the forest about th ree times a year, at a density of 30-40 baits per 
square kilometre, reflected the epidemiology of the virus.  Trade of certain categories of animals and 
animal products was not allowed.  In order to enha nce mutual trust and transparency, throughout the 
process all stakeholders were kept informed and a database was established containing results of tests 
for the disease.  The efforts to regionalize the cont rol of this disease allowed trade from non-infected 
areas while at the same time supporting the eradication of classical swine fever.  G/SPS/R/38 
 Page 5 
 
 
  XII. CANADA (G/SPS/GEN/613) 
13. The representative of Canada commented on th is topic from the perspective of both an 
importer and an exporter.  From the perspective of an importing country, Canada had implemented 
measures that recognized the concept of regionali zation with trading partners including Brazil, 
Mexico, the United States, and the European Commun ities.  Canada perceived the use of regionalized 
measures to be a practical way to achieve obligatio ns to ensure that trade measures were no more 
trade restrictive than necessary as described in Artic le 5.6.  From the perspective of an exporter, 
Canada’s experience had been mixed, with some, but not all, trading partners regionalizing their 
measures.  Canada agreed with exporting co untries that guidelines are necessary to provide 
predictability regarding how and wh en measures should be regionali zed.  Mutual confidence among 
veterinary authorities and familiarity with procedures and the integrity of the veterinary professionals, 
was essential to this recognition.  Without this familiarity, recognition takes more time.  Canada 
would like to see the work of the international standards-setting organiza tion concluded, because 
technical guidelines generated by these bodies w ould have relevance to the development of 
administrative guidelines.  After this work has b een concluded Canada would like the SPS Committee 
to review the results of this work, and d ecide whether further work was necessary. 
XIII.  CHILE (G/SPS/W/181 & G/SPS/GEN/610) 
14. The representative of Chile d escribed the ten documents wh ich Chile had submitted since 
1996.  Several of these documents described Chile’ s experience in the area of regionalization, 
including in relation to the eradication of fruit-fly,  classical swine fever, and avian influenza.  While 
Chile has recognized disease-free status of its trad ing partners, Chile’s disease free status is not 
always recognized.  The representative of Chile de scribed his country's proposal for notification of 
requests for regionalization.  This notification procedure could capture relevant information 
concerning requests for recognition, including which Member requested recognition, the Member to whom the request was addressed, the disease or pest of  concern, the zone in question, whether the 
request had also been communicated to OIE and if  so when, the date of OIE recognition if it had 
occurred, information about the reintroduction of a disease, response to a request, and reason for the 
rejection, if relevant.  This type of notificati on would improve transparency and could reflect the 
experience of countries in the implementation of Artic le 6.  Although undue delays was recognized as 
a sensitive subject, Chile argued that a working gr oup should be established to develop guidance in 
this area. 
XIV.  MEXICO (G/SPS/GEN/440/REV.1 & G/SPS/GEN/622) 
15. The representative of Mexico shared his count ry's experience with respect to fruit-fly 
regionalization and noted that while Mexico has requested recognition from many Member countries, 
not all have accepted.  Mexico further recognized the importance of the work of the international 
standards-setting bodies.  While Mexico understood the problems related to administrative rules, 
Mexico also recognized the right of WTO Members to  establish adequate levels of protection.  To 
further the discussion in this area, Mexico had submitted a revision to G/SPS/GEN/440 which 
included a number of proposals contained in paragra phs 6, 7, 8, and 9.  To improve the mutual 
recognition process and to avoid duplication of activiti es, Mexico stressed the need to distinguish 
between technical and administrative guidelines. 
XV. ECUADOR (G/SPS/GEN/623) 
16. The representative of Ecuador noted that regi onalization provided potential opportunities to 
gain market access.  Members faced uncertainty due to the lack of a clearly-defined administrative 
procedure for the recognition of disease-free areas and areas of low disease prevalence.  This 
uncertainty made investment risky and limited ma rket access expectations.  The problem was even G/SPS/R/38 
Page 6  
 
  more acutely felt in the developing countries.  Work of the SPS Committee on developing harmonized 
administrative procedures could complement th e work of the international standards-setting 
organizations. 
XVI.  EGYPT (G/SPS/GEN/630)  
17. The representative of Egypt noted that Egypt ha d experience in this area and could apply the 
concept of regionalization between developing countri es and trading partners.  In 1996, the European 
Communities asked Egypt to export potatoes free from brown-rot.  Egypt established areas free from brown rot with help from EC member States.  Si nce the establishment of these areas, Egypt had been 
able to produce potatoes free from this disease.  Egypt noted some difficulties implementing the concept of regionalization arising from challenges of  adapting to EC regulations.  Egypt also faced 
problems gaining access to markets but had success solving these problems through bilateral 
discussions.   
XVII.  UNITED STATES (G/SPS/GEN/631)   
18. The representative of the United States noted that  regionalization decisions must consider the 
strength and credibility of the veterinary services  of exporting countries since this information 
influenced the depth of the analysis and time that  the analysis of regionalization might require.  
Furthermore, the US regulatory system treated d ecisions to regionalize as SPS measures, and these 
were therefore subject to all the relevant discip lines, including obligations to be based on a risk 
assessment and to be notified  to the SPS Committee.  After these measures were submitted for 
comment to domestic stakeholders and evaluated, fi nal rules were published.  Given this regulatory 
system, the United States was constrained in its ability to make distinction between technical and 
administrative decisions.  The United States stressed  the importance of keeping other obligations of 
the SPS Agreement, particularly transparency, in mind in the discussions of regionalization.  The 
United States had had mixed results as an e xporter in the implementation of Article 6. 
XVIII.  IPPC (G/SPS/GEN626) 
19. The representative of the IPPC reported that at the seventh meeting of the ICPM the 
membership decided to initiate two activities relate d to the recognition of pest-free areas:  (1) the 
development of  a concept standard "Guidelines on the recognition for the establishment of pest-free 
areas";  and (2) the elaboration of a feasibility study in this area.  To progress work on the standard a 
working group had developed a draf t which would be considered by the Standards Committee in May 
2006, and then sent out for country consultation.  Af ter consultation the draft standard would be sent 
back to the Standards Committee in November 2006 w ith the goal of presenting the standard to the 
CPM in 2007 for adoption.  The IPPC representative stressed that the intended rapid progress of this 
standard reflected the high priority given to th is work in response to the SPS Committee.  The 
Feasibility Study was intended to examine the potenti al feasibility of developing a process by which 
international recognition of pest-free areas in the area of plant health could be achieved.  The IPPC's 
document, G/SPS/GEN626, includes appendices detaili ng outstanding legal, technical, and economic 
issues.  
XIX.  OIE (THE OIE’S APPROACH TO  ZONES AND COMPARTMENTS & 
G/SPS/GEN/625) 
20. The representative of the OIE highlighted the fact that compartmentalisation (a concept 
described in G/SPS/GEN/625) and zoning would be discussed at OIE General Session in May 2006, 
with the goal of obtaining feed back from the Chie f Veterinary Officers on these concepts.  The OIE 
had adopted a heavily revised chapter in the Terrestrial Animal Health Code on zoning and 
compartmentalisation, following calls from SPS Co mmittee for guidance on how to implement these  G/SPS/R/38 
 Page 7 
 
 
  types of measures.  Currently this chapter incl uded a mixture of technical and administrative 
information.  The OIE representative noted that some  diseases, due primarily to the way in which they 
were transmitted, were not suited to the application of the concept of zoning or compartmentalisation.  
While the implementation of compartmentalisation required substantial involvement of the private 
sector, with a high level of trust between the privat e and public sectors, it did not take responsibilities 
away from the veterinary administration.   
21. Many factors influenced the amount of time required for  the recognition of pest- or disease-
free status. The OIE representative stressed the need to consider many factors in the context of 
decisions for recognition, including disease specific characteristics, the competence of veterinary 
services, the ability to obtain accurate informa tion about disease occurrence within the country 
requesting recognition, and the extent to which co untries had a history of "doing the right thing" 
regarding their reporting obligations.  From the OIE' s perspective, there was no distinction regarding a 
country’s rights and obligations be tween the official recognition of pest- or disease-free status and  
recommendations regarding other aspects of animal  health. The OIE representative encouraged WTO 
Member countries to discuss this issue with their Ch ief Veterinary Officers before the next General 
Session. 
__________